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The general intent of employment-related drug testing is to test for impairment on the job and/or at the worksite, not for long-term use. The California Legislature expressly states that the traditional and common tests for marijuana use (i.e., those that test for non-psychoactive cannabis metabolites) can no longer be used for pre-employment drug screening or be the basis for discipline or termination of an employee. However, applicants and employees can still be disciplined or terminated based on test results that show (1) present impairment and/or (2) the presence of the psychoactive chemical compounds of marijuana. This session will cover the difference between psychoactive and not, and how to update personnel testing, policies and procedures to comply with the new laws.

Our Speakers

Christine Long Headshot

Christine Long

Partner
Berliner Cohen LLP

Christine Long maintains a diverse litigation practice in employment, hospitality, business litigation and real estate. Ms. Long’s employment and hospitality litigation practice includes advising businesses on general operations, shareholder and corporate structure and best practices as well as handling wage and hour claims, claims of employment discrimination, wrongful termination, and breach of employment contract cases. Ms. Long is regularly consulted to speak on several areas of law relating to business and employment operations.

Kevin Landis Headshot

Kevin Landis

Associate
Berliner Cohen LLP

Mr. Landis specializes in employment law, serving employers in labor and employment matters. His expertise spans wage-and-hour claims, leaves of absence, reasonable accommodations, wrongful termination, discrimination, retaliation, harassment, employment agreements, and contract negotiations. Previously, he represented unions in various legal areas. Mr. Landis entered the Human Resources field in 2010, initially working for a global HR company where he offered pre-hire and post-hire compliance solutions. This experience motivated him to pursue a legal career. Today, he leverages his diverse background to help companies implement innovative workplace solutions for productivity, morale, and legal dispute prevention.

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CRA Legal Center Webinar with Berliner Cohen: New Marijuana Drug Testing Rules Require a Change in Employment Policies for 2024